Can an I-9 Form Be Completed Remotely by an Agent?

The Form I-9 is a crucial document required by U.S. employers to verify the identity and employment eligibility of their employees. For remote employees, completing this form can pose logistical challenges, as it requires an authorized representative to physically inspect original documents. Many employers wonder if an I-9 can be completed remotely and, if so, what processes need to be followed. In this blog, we’ll explore how the I-9 process can work for remote employees, the role of an I-9 agent, and tips for staying compliant.

Understanding the Basics of the I-9 Form

The I-9 form serves two main purposes: verifying an employee’s identity and ensuring they’re authorized to work in the U.S. Employers are responsible for verifying these documents within three business days of hiring. This verification process traditionally involves an in-person meeting, but for remote employees, this can be completed by an authorized representative or I-9 agent.

Remote I-9 Verification: What Changed?

Under current laws, remote I-9 verification requires a physical inspection of the employee’s documents. Although remote work has surged, the Department of Homeland Security (DHS) still mandates in-person document inspection for I-9 completion. During the COVID-19 pandemic, DHS temporarily allowed virtual inspection for remote employees, but this was a temporary adjustment. Employers must still adhere to physical inspection rules unless a similar flexibility is reinstated.

Who Can Act as an I-9 Agent?

An I-9 agent (also called an "authorized representative") is a person designated by the employer to review the employee's documents and complete Section 2 of the I-9 form. The agent could be:

• A colleague in a nearby location
• A notary public, where legally permitted
• A designated third-party service provider

The I-9 agent doesn’t need to have specific training or certification but must carefully follow I-9 completion instructions to avoid errors and ensure compliance.

Step-by-Step: How an I-9 Agent Completes the I-9 Remotely

Here’s a basic overview of how an I-9 form is completed remotely with the help of an I-9 agent:

1. Scheduling a Meeting: The remote employee meets with the I-9 agent in person to present their original identification and work authorization documents.

2. Document Review: The I-9 agent reviews the employee's documents for authenticity and ensures they match the information entered in Section 1 of the form. The agent will not photocopy or retain copies unless required by the employer’s policy.

3. Form Completion: The I-9 agent completes Section 2 of the I-9 form, detailing the documents reviewed and signing to certify accuracy.

4. Return of Documents: The I-9 form is sent back to the employer, ensuring timely compliance.

Benefits of Hiring a Mobile Notary as an I-9 Agent

For remote employees, hiring a mobile notary can be a highly convenient option. Notaries, experienced in document authentication, provide an added level of professionalism to the I-9 completion process. Mobile notaries can:

• Meet employees at a convenient location
• Ensure document compliance and avoid common errors
• Reduce the burden on HR departments managing remote I-9 compliance

Staying Compliant with Remote I-9 Verification

Here are some tips to help employers maintain compliance with I-9 verification:

• Choose Trusted Representatives: Whether using an I-9 agent from your team or a third-party notary, select someone reliable and familiar with document verification.
• Train Agents: Brief I-9 agents on the importance of accuracy and document inspection requirements.
• Document the Process: Keep records of the authorized representatives and any training or guidelines provided to them.
• Audit I-9s Regularly: Ensure all I-9s are up to date and stored correctly in case of an audit.

Will Virtual I-9 Verification Be the Future?

The demand for virtual verification options has continued to grow as remote work becomes more prevalent. While the DHS has hinted at possible changes to I-9 verification, there is no permanent provision for virtual inspections yet. Employers should stay informed about regulatory updates that may ease or adjust I-9 compliance requirements for remote employees in the future.

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The I-9 form can indeed be completed remotely by using an I-9 agent. While physical document review remains mandatory, hiring a mobile notary as an I-9 agent is a flexible and compliant way for employers to complete the process with remote employees.

If you’re looking for a convenient way to complete remote I-9 verifications, Contact The Opal Group for Online Remote Notary services today.